Terms of Service

1. Acceptance of Terms

By accessing or using MyCaseNote ("the Service"), you agree to be bound by these Terms of Service. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these terms. If you do not agree to these terms, do not use the Service.

2. Description of Service

MyCaseNote is a case note management platform designed for Australian NDIS disability support providers. The Service enables users to create, manage, submit, and approve case notes with role-based access controls, service stream segregation, and audit tracking.

3. Account Registration

To use the Service, you must:

• Register a business account with accurate and complete information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorised access to your account
• Be at least 18 years of age

You are responsible for all activities that occur under your account and for ensuring that all users invited to your organisation comply with these terms.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Upload or transmit malicious code, viruses, or harmful data
• Attempt to gain unauthorised access to the Service or other users' accounts
• Interfere with or disrupt the Service or its infrastructure
• Use the Service to store or transmit content that infringes intellectual property rights
• Share account credentials or allow unauthorised users to access the Service
• Use automated systems to access the Service without our permission
• Reverse engineer, decompile, or attempt to extract the source code of the Service

5. Data Ownership and Responsibilities

Your Data: You retain ownership of all data you upload to the Service, including case notes, participant information, and business data. You grant us a limited licence to store, process, and display this data solely to provide the Service.

Your Responsibilities: You are responsible for:

• Ensuring you have appropriate consent to store participant information
• The accuracy and legality of data you upload
• Compliance with NDIS requirements and Australian privacy laws
• Maintaining appropriate backups of your data
• Managing user access and permissions within your organisation

6. Subscription and Payment

Free Plan: The free plan allows up to 5 active participants with full features. No payment is required.

Paid Plans: Paid subscriptions are billed monthly. By subscribing to a paid plan, you authorise us to charge your payment method on a recurring basis until you cancel.

Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial months.

Price Changes: We may change our prices with 30 days' notice. Continued use after a price change constitutes acceptance of the new pricing.

7. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may perform scheduled maintenance with reasonable notice. We are not liable for any downtime, data loss, or damages resulting from service interruptions, whether planned or unplanned.

8. Intellectual Property

The Service, including its design, features, code, and documentation, is owned by MyCaseNote and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our intellectual property without written permission.

9. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" without warranties of any kind
• We do not warrant that the Service will meet your specific requirements or be error-free
• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim

10. Indemnification

You agree to indemnify and hold harmless MyCaseNote, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your violation of these terms, or your violation of any third-party rights.

11. Termination

By You: You may terminate your account at any time by contacting us or using the account deletion feature.

By Us: We may suspend or terminate your access to the Service immediately if you breach these terms, engage in fraudulent activity, or fail to pay applicable fees. We may also terminate the Service entirely with 90 days' notice.

12. Changes to Terms

We may modify these terms at any time. We will provide notice of material changes by email or through the Service. Continued use of the Service after changes take effect constitutes acceptance of the modified terms. If you do not agree to the changes, you must stop using the Service.

13. Governing Law

These terms are governed by the laws of Australia. Any disputes arising from these terms or your use of the Service shall be resolved in the courts of Australia. You agree to submit to the exclusive jurisdiction of these courts.

14. General Provisions

• Entire Agreement: These terms constitute the entire agreement between you and MyCaseNote regarding the Service.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these terms without our consent.